Payments of significance to California employers have been handed by the California Legislature within the ultimate days of the 2022 session, which ended yesterday. Governor Gavin Newsom has till September 30, 2022, to signal or veto consequential measures together with the next:
A New Council to Set Labor Requirements for Massive Quick Meals Chains – AB 257
Meeting Invoice 257, if signed by Governor Newsom, would mandate the creation of a 10-member Quick Meals Council licensed to set minimal requirements for wages, working hours, office well being and security and “the appropriate to be free from discrimination and harassment within the office” for quick meals sector workers. If enacted, the Quick Meals Accountability and Requirements Restoration Act or FAST Restoration Act would govern all quick meals eating places in California which might be a part of a sequence of 100 or extra institutions within the U.S. The minimal wage, most work hours and different requirements set by the Council would, in most cases, override different provisions of state regulation. The Council will be unable to set requirements till a petition signed by 10,000 quick meals workers is introduced to the Division of Industrial Relations. The invoice bars the Council from setting a minimal wage for quick meals sector workers in 2023 that’s larger than $22 per hour.
Pay Transparency for Workers and Candidates – SB 1162
Senate Invoice 1162 would require employers with 15 or extra workers to incorporate pay scales in any job postings. “Pay scale” is outlined because the wage or hourly wage vary that the employer fairly expects to pay for the place. The measure additionally requires all employers to offer present workers with the pay scale for his or her positions upon request. Present regulation solely requires employers to offer candidates with a pay scale upon request, so this invoice would broaden the pay transparency requirement. It’s not but clear if the brand new necessities would apply to solely positions carried out from California or to California employers who publish jobs wherever, or each. The invoice features a high-quality of as much as $10,000 per violation. Along with the pay transparency parts, SB-1162 would enhance reporting necessities for employers with 100 or extra workers past what’s at the moment required for EEO-1 reporting.
Supplemental Paid Sick Go away Extension – AB 152
Meeting Invoice 152 extends California COVID-19 supplemental paid sick depart provisions from September 30, 2022, the present expiration date, by December 31, 2022, permitting workers to make the most of any unused COVID-19 supplemental paid sick depart over the past three months of the yr, though the invoice doesn’t enhance the overall quantity of depart obtainable. The invoice additionally funds grants of as much as $50,000 to reimburse small companies and nonprofits for COVID-19 supplemental paid sick depart paid out at any time in calendar yr 2022.
Safety for Off-the-Job Marijuana Use – AB 2188
Meeting Invoice 2188 would amend the California Truthful Employment and Housing Act to make it illegal for an employer to discriminate in opposition to an individual for his or her use of hashish off the job and away from the office. Specifically, the invoice would prohibit employers from discriminating in opposition to candidates or workers on the idea of drug checks exhibiting solely the presence of nonpsychoactive hashish metabolites within the particular person’s system. Such metabolites might stay in an individual’s physique for weeks after using hashish. The invoice wouldn’t bar employers from basing actions on both checks that establish the presence of THC (versus metabolites) in an individual’s saliva or different bodily fluids or checks of impairment as in comparison with the worker’s baseline efficiency. The invoice doesn’t go as far as to guard hashish use or impairment on the job.
Safety for Workers Who Go away Work Throughout Emergencies – SB 1044
Senate Invoice 1044 would permit workers to go away work or refuse to report back to work with impunity in the event that they fairly imagine the worksite is unsafe throughout an “emergency situation.” Extra particularly, the invoice would make it illegal for an employer to take or threaten hostile motion in opposition to an worker for refusing to report back to or for leaving a worksite throughout an emergency situation if the worker fairly believes the work location is unsafe. Below the invoice, “emergency circumstances” are circumstances the place “pure forces or a prison act” create circumstances of “excessive peril to the security of individuals or property.” The invoice would additionally make it illegal for an employer to bar the worker from utilizing their cellular phone or different system whereas on obligation to let somebody know they’re secure, to name for emergency help or to evaluate the security of the scenario. Pandemics aren’t emergency circumstances beneath the invoice.
Our California Labor & Employment group will preserve you updated on the Governor’s actions on these and different necessary payments impacting California employers.
If we might make it easier to, please contact one of many authors or your Fox Rothschild LLP counsel.
This publish gives basic info and doesn’t represent authorized recommendation to any particular person with respect to any circumstance. This publish doesn’t create an attorney-client relationship with any particular person.